LISTING OF LAWSLISTING OF LAWS

Indian Institute of Foreign TradeIndian Institute of Foreign Trade NEW DELHINEW DELHI

3030 thth October 2004 October 2004

Presented by

SAMEER RASTOGI Advocate

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Listing of LawsListing of Laws Object: To acquaint the participants with the existence of various International conventions / treaties / protocols and numerous Indian laws existing in India. While doing International business transactions participants may need to refer any of the convention / treaty / protocol or laws.

CONTENTS •International convention / treaties / Protocols •Indian laws •Brief about Environment Laws

IPR LawsLabour Laws Taxation International Trade International dispute resolution / Arbitration

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Listing of LawsListing of Laws WHY ONE SHOULD KNOW ABOUT INTERNATIONAL LAWS / CONVENTIONS & DOMESTIC LAWS?

EXAMPLES - 1 AIRCRAFT BUSINESS

EXAMPLES - 2 EXPORT IMPORT BUSINESS

EXAMPLES - 4 MARITIME / SHIPPING BUSINESS

EXAMPLES - 3 MINING BUSINESS

Especially In International Business Transactions

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Listing of LawsListing of Laws INTERNATIONAL CONVENTIONS AND PROTOCOLS

Universal Conventions / Protocols / Treaty

Regional/Bi-lateral / Multi-lateral Conventions / Protocols / Treaty

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Listing of LawsListing of Laws Intellectual Property Rights

1. Universal Copyright Convention 1952 2. Berne Convention 18863. Patent Cooperation Treaty 19704. Nice Agreement5. Paris Convention

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Listing of LawsListing of Laws

There are Double Taxation Avoidance Agreements (DTAA) between India and other countries. The objects of these agreements are to avoid double taxation of the income earned by any person or company in two or more countries.

TAXATIONTAXATION

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Listing of LawsListing of Laws

EXAMPLES

India - USA - dated 20th Dec 1990India - UK - dated 11th Feb 1994India - Germany dated 29th Nov 1996India - China dated 21st Nov 1994India - Japan dated 1st Mar 1990 India - France dated 7th sep 1994

TAXATIONTAXATION

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Listing of LawsListing of Laws ENVIRONMENT LAWSENVIRONMENT LAWS

ANTARCTIC TREATY

VIENNA CONVENTION ON OZONE LAYER

MONTREAL PROTOCOL

BIODIVERSITY CONVENTION

KYOTO PROTOCOL

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Listing of LawsListing of Laws INTERNATIONAL TRADE INTERNATIONAL TRADE

UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS (VIENNA 1980) ("CISG") - This Convention establishes a comprehensive code of legal rules governing the formation of contracts for the international sale of goods, the obligations of the buyer and seller, remedies for breach of contract and other aspects of the contract. The Convention entered into force on 1 January 1988.

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Listing of LawsListing of Laws INTERNATIONAL TRADE INTERNATIONAL TRADE

CONVENTION ON THE LIMITATION PERIOD IN THE INTERNATIONAL SALE OF GOODS (NEW YORK 1974) - This Convention establishes uniform rules governing the period of time within which legal proceedings arising from an international sales contract must be commenced. It has been amended by a Protocol adopted in 1980 when the United Nations Sales Convention was adopted. Both the original Convention and the Convention as amended entered into force on 1 August 1988

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Listing of LawsListing of Laws INTERNATIONAL TRADE INTERNATIONAL TRADE

• UNCITRAL LEGAL GUIDE ON INTERNATIONAL COUNTERTRADE TRANSACTIONS (1992) - The purpose of the Legal Guide, adopted in 1992, is to assist parties negotiating international counter trade transactions. It identifies legal issues involved in such transactions and discusses possible contractual solutions.

• UNIFORM CUSTOMS & PRACTICE FOR DOCUMENTARY CREDITS (UCP)-500

• INCOTERMS www.StudsPlanet.com

Listing of LawsListing of Laws LABOUR LAWS LABOUR LAWS

ILO CORE CONVENTIONS

Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87) Establishes the right of all workers and employers to form and join organizations of their own choosing without prior authorization, and lays down a series of guarantees for the free functioning of organizations without interference by the public authorit ies. In December 1997, 121 countries had ratif ied this convention.

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Listing of LawsListing of Laws LABOUR LAWS LABOUR LAWS Right to Organize and Collective Bargaining Convention, 1949 (No.98) - Provides for protection against anti-union discrimination, for protection of workers' and employers' organizations against acts of interference by each other, and for measures to promote collect ive bargaining. In December 1997, 137 countries had rat if ied this convention.

Forced Labour Convention, 1930 (No.29) - Requires the suppression of forced or compulsory labour in al l i ts forms. Certain exceptions are permitted, such as military service, convict labour properly supervised, emergencies such as wars, f ires, earthquakes, etc. In December 1997, 145 countries had rat if ied this convention.www.StudsPlanet.com

Listing of LawsListing of Laws LABOUR LAWS LABOUR LAWS

Abolit ion of Forced Labour Convention, 1957 (No.105) - Prohibits the use of any form of forced or compulsory labour as a means of polit ical coercion or education, punishment for the expression of polit ical or ideological views, workforce mobil ization, labour discipline, punishment for participation in strikes, or discrimination. In December 1997, 130 countries had ratif ied this convention.

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Listing of LawsListing of Laws LABOUR LAWS LABOUR LAWS

Discrimination (Employment and Occupation) Convention, 1958 (No.111) - Calls for a national policy to eliminate discrimination in access to employment, training and working condit ions, on grounds of race, color, sex, religion, polit ical opinion, national extraction or social origin and to promote equality of opportunity and treatment. In December 1997, 129 countries had ratif ied this convention.

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Listing of LawsListing of Laws LABOUR LAWS LABOUR LAWS Equal Remuneration Convention, 1951 (No.100) - Calls for equal pay for men and women for work of equal value. In December 1997, 135 countries had ratified this convention.

Minimum Age Convention, 1973 (No.138) - Aims at the abolition of child labour, stipulating that the minimum age for admission to employment shall not be less than the age of completion of compulsory schooling, and in any case not less than 15 years (14 for developing countries).  In December 1997, 59 countries had ratified this convention. www.StudsPlanet.com

Listing of LawsListing of Laws INTERNATIONAL DISPUTE INTERNATIONAL DISPUTE RESOLUTION / ARBITRATIONRESOLUTION / ARBITRATION

ICC PARIS - International body for international Commercial Arbitration having its rules and procedures

NEW YORK CONVENTION-For recognition and enforcement of foreign arbitral award.

GENEVA CONVENTION-For recognition and enforcement of foreign arbitral award

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Listing of LawsListing of Laws INTERNATIONAL DISPUTE INTERNATIONAL DISPUTE RESOLUTION / ARBITRATIONRESOLUTION / ARBITRATION

• Uncitral Arbitration Rules (1976)• Uncitral Concil iation Rules (1980) • Uncitral Model Law On International

Commercial Arbitration (1985) • Uncitral Model Law On International

Commercial Concil iation (2002)  • LCIA Mediation Procedure 1999 • European Convention 1961 • Washington Convention 1965

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REMEMBER EXISTENCE REMEMBER EXISTENCE OF LAWSOF LAWS

Thank you

Presentation by Sameer Rastogi, Partnerwww.StudsPlanet.com